While at recess at school the victim slid down the sliding board on her buttocks and popped out on the left side (top/1st victim of spiral slide). She landed on her face which hit a patch of ice. The ice covered wood chips on the play area. The victim is 3 feet tall and weighs approximately 40 pounds was taken via ambulance to Primary Children’s Medical Center in Salt Lake City, UT.

The victim was admitted to the hospital and treated for a swollen left black eye, skull fracture, brain injury & bleeding and bruising to the fore arm. X-rays of the C-spine, Cat Scans and MRI’s were performed on the victim . She was discharged five day later and required to follow up with a Rehab Neurologist on 2/15/2012 and pediatric nurse on 2/14/12.

The firm was contacted on 1/30/2012 and she was advised to contact the distributor within her state. While speaking with the distributor she was advised that the recommended age for the slide was 5-12 years old. The representative (name unknown)that she spoke with advised her that he would forward her information over to an attorney and have them follow up with her. Distributor has contacted her, say her attorney should contact Miracle Slide Co.
The consumer spoke with the school after the incident occurred and was advised that the play area that the slide was in was off limits while they conduct an investigation. The investigation was concluded and the play area is now accessible. No information on the investigation was provided to the consumer.

The school has two play area’s one for kindergarten and below and another for 1st graders and up. The incident occurred on the play ground equipment intended for the first graders and up.

The consumer indicated that she doesn’t understand why there isn’t a protector/barrier on the sliding board. As well as why was this slide recommended for kids age 5-12 years old. Should be 6/1st grade and up to 12. The victim has not returned to school.

The CPSC sent Miracle versions of this notification on 3/9/12, 3/14/12, and 3/19/12. The notice incorrectly states that while the “consumer” was speaking with the “distributor”, the distributor said he would have the company attorney call the consumer. That if false. The consumer informed the distributor that she was working with an attorney. The distributor informed Miracle that the consumer was represented by an attorney, and Miracle properly told the distributor to tell the consumer to have her attorney contact Miracle’s legal counsel. It is Miracle’s policy not to speak to a claimant who is represented by counsel. These conversations took place on 2/1/12, and Miracle has not been contacted by the consumer’s counsel. Rather, the consumer instead filed this report.
On 2/1/12, the consumer told the distributor that the child “fell off” the top of the slide. The 3/9/12 notice from the CPSC stated that the child “slid down the sliding board on her buttocks and popped out on the left side (at the bottom)” landing face first on a patch of ice covered woodchips. [REDACTED]. The 3/14/12 notice changed the description of the accident to state that the child “slid down the sliding board on her buttocks and popped out on the left side (top/1st victim of spiral slide).”
Although it appears that no one knows how the child fell face first on to ice, the CPSC investigator asked Miracle hypothetically how this could have occurred if the child was sitting down and sliding. Miracle cannot conceive of how it would be physically possible for the child to eject or pop OUT THE SIDE OF THE SLIDE at the top, the bottom or any way along the slide chute, while sliding in a seated position. The slide has 15 inch high bedways, which are specifically designed to prevent lateral discharge from the bedway while sliding. The incident was not witnessed, the child doesn’t know what happened, and the stories are inconsistent and unreliable at best. And it is not physically possible to “pop out” or eject anywhere along the left of the slide. The center post, around which the child slides, is on the child’s left and would always prevent one from “popping out on the left”. And the slides all run counter-clockwise such that the post is always on the left.
In answer to the consumer’s questions about that alleged lack of “protective/barrier” on the slide, the slide complies with all applicable ASTM 1487 Standards and all applicable Guidelines of the CPSC Handbook for Public Playground Safety. It did not lack any design or device required by such standards and guidelines. As for a “protective barrier”, it does have a slide entry barrel that channels the user into a seated position before sliding. And it has a 15 inch deep slide bedway to prevent lateral discharge.
And in response to the consumer’s statement that the slide is not appropriate for ages 5-12, that is not correct. See the following section from the CPSC Guidelines:
5.3.6.3.3 Spiral slides
• Spiral slides should follow the recommendations for
straight slides where applicable (e.g., side height, slope,
use zone at exit, etc.).
• Special attention should be given to design features which
may present problems unique to spiral slides, such as
lateral discharge of the user.
• Toddlers and preschool-age children have less ability to
maintain balance and postural control, so only short spiral
slides (one 360° turn or less) are recommended for these
age groups.

The only reason this particular slide at this particular installation is rated 5-12 is that it exits off a 6 foot deck. The slide itself is a 360 degree slide, and therefore would be appropriate for 2-5 as noted in the excerpt above.
And as for the allegation that one playground should have been 2-5 age appropriate and the other 6-12 age appropriate, instead of 5-12, the CPSC specifically and intentionally allows for overlap at the age of 5 so that 5 year olds are included in pre-school and school age groups. See CPSC Guideline excerpts below:
2.2.3 Age group
In areas where access to the playground is unlimited or
enforced only by signage, the playground designer should
recognize that since child development is fluid, parents and
caregivers may select a playground slightly above or slightly
below their child's abilities, especially for children at or near
a cut-off age (e.g., 2-years old and 5-years old). This could
be for ease of supervising multiple children, misperceptions
about the hazards a playground may pose to children of a
different age, advanced development of a child, or other reasons.
For this reason, there is an overlap at age 5.
Developmentally a similar overlap also exists around age 2;
however, due to the differences in ASTM standards and
entrapment testing tools, this overlap is not reflected in the
handbook. Playgrounds used primarily by children under the
supervision of paid, trained professionals (e.g., child-care
centers and schools) may wish to consider separating playgrounds
by the facility's age groupings. For example, a childcare
facility may wish to limit a playground to toddlers under
2 exclusively and can draw information from this guide and
ASTM F2373. A school, on the other hand, may have no
children under 4 attending, and can likewise plan appropriately.
Those who inspect playgrounds should use the intended
age group of the playground.
The school had two playgrounds – one 2-5 and one 5-12, just as suggested by the CPSC. We don’t know if the child was in kindergarten, but if she was, it was up to the school in their supervision of the child to determine which playground was more appropriate for the 5 year old.
The problem here is not the slide. The problem is that children were allowed to play over ice covered, frozen safety surfacing. As is noted throughout the CPSC Guidelines, children are expected to fall, so resilient, impact attenuating surface is always required. Frozen and ice covered surfacing will obviously not prevent the injury this child sustained. See the excerpt from the CPSC below:
2. .2.2 Loose-fill surfacing materials
When installing these products, tips 1-9 listed below should
be followed…
6. Critical height may be reduced during winter in areas
where the ground freezes….

In short, the subject slide is safe, compliant and contains no defects that caused or contributed to the child’s fall and injuries.

CPSC does not guarantee the accuracy, completeness, or adequacy of the contents of the Publicly Available Consumer Product Safety Information Database on SaferProducts.gov, particularly with respect to information submitted by people outside of CPSC.